The presumption that applies to marital property does not apply to marital debt. Thus, just because a debt was incurred during the marriage does not mean it is presumed to be marital debt. The spouse who wants the debt classified as marital must prove that it was incurred during the marriage and for the joint benefit of the parties.
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Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.
